CREATOR TERMS

 

DESCRIPTION OF SERVICE

Please read these terms carefully to ensure that you understand each provision. These terms contain a binding and mandatory arbitration and class action/jury trial (where applicable) waiver provision that requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions (where applicable) and limits the remedies available to you in the event of certain disputes.

By accepting these terms, either by clicking a box indicating your acceptance, by using our services, and/or navigating our website, you agree that (a) you have read and understood the terms; (b) represent that you are at least 18 years old; (c) you can enter into a binding contract; and (d) you accept the terms and agree that you are legally bound by its terms as well as the terms of an underlying video project brief which is expressly incorporated and referenced herein. If you are entering into these terms on behalf of a company or other legal entity, you represent that you have the authority to bind such entity and its affiliates to these terms and conditions, in which case the terms “you” or “your” shall refer to such entity and its affiliates. If you do not have such authority, or if you do not agree with these terms and conditions, you must not accept these terms and may not use the services.

To the extent the services may be used to reproduce copyrighted materials from customer(s), such copyright materials are licensed to you only for purposes which the customer(s) require including the production of non-copyrighted materials, materials in which you own the copyright, or materials you are authorized and legally permitted to produce and/or reproduce. If you are uncertain about your right to copy or permit access to any material, you should seek your independent legal advice.

If you are unsure as to the terms set herein, please do not proceed further and contact support at [email protected].

 

 

 

1. VIACOM INDIA PLATFORM

In Summary 

We are a video production company. We help brands and creators collaborate to create video. You agree to these terms when you use our services.

 

 

In Summary

You must create an account to use our Services. Your account must accurately report information about you. Your account is your responsibility.

 

 

In Summary

Jobs, Work Contracts, and Contract Details are confidential and form a binding contract when you accept them.

 

 

In Summary

Project communications with us and the Customer must occur within the platform. Should a Customer contact you again for another Job within a year of the last Job, please direct them back to our Platform.

 

 

In Summary

You are a freelance, independent contractor and not our employee. You are free to explore other employment opportunities provided that your obligations to us and your employer don’t conflict.

 

 

In Summary

You will not share or publish online any content created for Viacom India, without written permission. All Digital Assets that you provide should be original and/or belong to you, and should be assigned to us where it is created for the Video Project Brief.

 

 

In Summary

All Digital Assets and communications must be delivered on time through our Platform.

 

 

In Summary

The Work Contract can be terminated if you violate the Agreement, or the terms set forth in this document. If the Customer breaches/terminates the Agreement, you will be compensated accordingly.

  1. You fail to meet the conditions and expectations outlined in their Work Contract or Video Project Brief.
  2. Customer terminates the Video Project Brief.
  3. You fail to adhere to our Creator Terms and Conditions
  4. You engage in any physical or psychological abuse, or threatens, assaults, or harasses another person (whether sexually, racially or otherwise) during the performance of the Work Contract.
  5. You undertake any other conduct, either during the performance of Job or otherwise, that in our opinion could damage our reputation and/or relationships.
  6. If your Work Contract is terminated due to your not meeting the conditions and expectations of the Work Contract or Video Project Brief or failing to adhere to our Creator Terms and Conditions, we reserve the right to withhold some of or all the payment of the Work Contract.
  1. notify you as soon as reasonably possible of the termination
  2. pay for any Jobs and Work Contracts already completed. However, please note that if Job or Video Brief is cancelled by our Customer within twenty-four (24) hours before the start of the Job or Video as defined by the Brief, only then you will be paid in full. However, if Job or Video Brief is cancelled by our Customer before the above-mentioned time period, you agree that we will have discretion on the amount due to you.
  3. partial completion of a Job will result in a reasonable partial payment determined by us in our sole discretion using the following criteria:
  1. How much work has been completed on the Job;
  2. The quality of the work;
  3. The speed at which the work was delivered.
  4. Upon termination of the Work Contract or upon our request at any other time, you will deliver to us all of the Digital Assets together with all copies thereof, and any other material containing or disclosing any Digital Assets, Third Party Information, or Confidential Information.

 

 

In Summary

You are capable of fulfilling the work which you have described in your profile, and carry responsibility for any and all local licenses, permits and insurance requirements.

  1. you have the full power and authority to comply with these Terms, and your activity hereunder conflicts with any obligation on your part;
  2. the information and qualifications that you have provided in your Profile is accurate and truthful and that samples that you have submitted to create the Account are your original works;
  3. you are suitably qualified to take up Job(s);
  4. to the extent that you upload any Digital Assets through the use of the Platform and Services, you represent that you own all rights in, or have authorization or are otherwise legally permitted to upload, such Digital Assets and that such Digital Assets does not violate intellectual property rights of any third party; and
  5. you have obtained all necessary clearances, licenses, consent, permits, and insurance coverage required in your country in order to create the Digital Assets, including without limitation, drone permits and licenses for the creation of footage using drones.

 

 

 

In Summary

No drugs or alcohol during work. No harassment. No bribes. No stealing customers. No discussing payment terms with customers or outside the platform. Dress professionally, and be clean. No exceptions.

  1. completing each Work Contract and its requirements with integrity and the highest standards of professional conduct;
  2. treating and communicating with our Customers, their employees, and our employees, with respect, courtesy, and professionalism;
  3. refraining from performing any Project and/or communicating with our Customer(s) and employees while under the influence of mind-altering substances including but not limited to drugs or alcohol;
  4. refraining from requesting or accepting anything of value from our Customers, or third-party service providers;
  5. refraining from directly or indirectly soliciting any of our Customers for the purpose of securing additional work to the detriment of our business relationship with our Customers;
  6. refraining from discussing the terms of the project for which you have been hired, including terms of compensation, with anyone other than us;
  7. maintaining a clean and professional personal appearance when working on a project.

 

 

In Summary

It is your responsibility to provide us with the correct information to be paid in a timely manner. You are responsible to report and pay for all applicable taxes.

 

 

In Summary

We only want to contract with you, so you are unable to find someone to replace you under this contract. If someone wishes to create an account with us, please direct them to our Platform.

 

 

In Summary

You agree not to use our content in any way inconsistent with these terms, nor use our Platform for any negative purposes.

 

 

In Summary

You are free to do other jobs as long as it is not providing services to a competitor of the Customer, or anything requiring you to detract or conflict with your obligations under the Work Contract. Don’t forget to keep confidentiality.

  1. not use the Confidential Information for any purpose other than for the purposes of the Job and/or Work Contract;
  2. not disclose to any party, whether a person, a firm or a corporation, any or all of the Confidential Information, without our prior written consent;
  3. take all steps to prevent any reproduction, duplication and/or copying of the Confidential Information by any person;
  4. take all steps to ensure that documents and items of work-in-progress (if any) that embody the Confidential Information are kept in a secured storage area;
  5. surrender and return all or any of the Confidential Information and any notes, memoranda or the like including any copies thereof to us on our written demand or on the expiry or termination of the Work Contract;
  6. acknowledge that the Confidential Information and all rights therein are and shall remain the sole and exclusive property of us and/or the Customer; and
  7. do not make or publish any news releases or make any announcements or denial or confirmation in any medium concerning this Agreement or any part of the Services, in any manner, advertise or publish the same in the medium, without our prior written consent.

 

 

In Summary

Working with Viacom India means we need to communicate and collaborate together. We will never spam you. Please provide accurate means of contact information.

 

 

In Summary

You will not hold us responsible for your negligence, among other things.

  1. a breach of these Terms or underlying Video Project Brief;
  2. infringement of intellectual property rights of any third party;
  3. direct or indirect claim that arises out of the negligence, gross negligence or willful misconduct of you or your employees, agents or contractors;
  4. incorrect information provided by you in your Account or elsewhere; or
  5. a failure by you or your employees, agents, contractors or invitees to comply with Applicable Laws and regulations.

 

 

In Summary

Your use of the Platform and our Services are at your risk.

  1. Platform and/or the Services will meet your requirements;
  2. access to Platform and/or the Services will be uninterrupted, timely, secure, or error-free; and/or
  3. the quality of Services, Platform, information, or other material obtained by you through the Platform and/or the Services will meet your expectations.

 

 

In Summary

You assume certain risks when using our Platform and will not hold Viacom India responsible for personal damages.

  1. your access to or use of the Platform, or the Services;
  2. your use of our Services, Platform, including, without limitation, for bodily injury, wrongful death, emotional distress, or other damages or harm, whether to you or to third parties, which may result from the use of the platform or services;
  3. violation of these terms, including, without limitation, your breach of any of the representations and warranties contained herein and for bodily injury, wrongful death, emotional distress, loss of services or other damages or harm, whether to you or to third parties, which may result from your use of the services;
  4. claims, or any decision by a court, arbitrator, or government agency, that we are obligated to pay any withholding taxes, social security, unemployment or disability insurance or similar items in connection with any payment received by you under the terms;
  5. your violation of any third-party right, including without limitation any right of privacy or intellectual property rights;
  6. your violation of any applicable law, rule or regulation;
  7. your willful misconduct; and/or
  8. any other party’s access and use of the service with your unique username, password or other appropriate security code.

 

 

In Summary

If something violates your intellectual property, let us know.

  1. Your physical or electronic signature;
  2. Identification of the copyrighted work(s) that you claim to have been infringed;
  3. Identification of the material on our services that you claim is infringing and that you request us to remove;
  4. Sufficient information to permit us to locate such material;
  5. Your address, telephone number, and e-mail address;
  6. A statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and
  7. A statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.

 

 

In Summary

We take compliance with the law very seriously

 

 

In Summary

We may amend these terms at any time. The amended terms will only apply to you when you accept them and continue using the Platform and/or Services. We will let you know when they change.

 

 

In Summary

Don’t speak ill of us. Take it up with us directly so we can address the issues.

 

 

In Summary

We are not responsible for things beyond our control.

 

 

      • 24-1 This Agreement shall be governed by and construed in accordance solely with the laws of the Republic of India.

 

 

In Summary

You agree to contact us in writing with any dispute before escalating to a third party.

  1. waive your rights to have any and all Disputes arising from or related to these Terms, use of   our Services and Platform, resolved in a court of law, and
  2. to waive your and our respective rights to a jury trial (where applicable).
  1. your name, postal address, telephone number, the email address you use or used for your Account and, if different, an email address at which you can be contacted
  2. a description in reasonable detail of the nature or basis of the Dispute, and
  3. the specific relief that you are seeking.
  1. our name, postal address, telephone number and an email address at which we can be contacted with respect to the Dispute;
  2. a description in reasonable detail of the nature or basis of the Dispute, and
  3. the specific relief that we are seeking.

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